Appeal Number: FT/D/2025/1112
Transport
Before Judge Brian Kennedy KC
Between:
Paul William Waterhouse
Appellant
and
The Registrar of Approved Driving Instructors
Respondent
Decision: The appeal is Dismissed
DECISION NOTICE
The appeal is dismissed.
The Registrar’s decision of 9 October 2025 refusing the Appellant’s application for a second trainee driving instructor licence under s.129 Road Traffic Act 1988 is upheld.
REASONS
This appeal was heard on 18 March 2026. The Appellant attended and gave evidence.
The Tribunal found the Appellant to be a sincere, courteous and conscientious individual of good character.
The Tribunal must determine whether the Registrar’s decision was wrong in law, unreasonable, or based on material error.
The Appellant held a first trainee licence from 10 March 2025 to 9 September 2025.
The mandatory 20 hours ADI 21AT training was not completed within the required three‑month period.
The Tribunal accepts the Appellant’s explanations but finds the lateness undisputed.
The Appellant failed the Part 2 test on 27 August 2025 and later booked another attempt on 4 March 2026 but has unfortunately failed this also.
Under s.129, trainee licences exist for limited statutory purpose and are not intended to function as extended working licences.
The Registrar refused the second licence due to non‑compliance and statutory purpose.The purpose of the provisions governing the issue of licences is to afford
applicants the opportunity of giving instruction to members of the public whilst
endeavouring to achieve registration. The system of issuing licences is not and
must not be allowed to become an alternative to the system of registration;
and the refusal of a second licence does not bar the Appellant from attempting the
instructional ability test of the Register examinations. He does not need to hold a
licence for that purpose, nor is it essential for him to give professional tuition under
licence in order to obtain further training. The Appellant could attend a training
course, or study and practice with an Approved Driving Instructor or give tuition
on his own (provided that he does not receive payment of any kind for this). These
alternatives are used by some trainees who acquire registration without obtaining
any licences at all.
The Registrar’s reasoning was rational, proportionate, and lawful.
The Tribunal has sympathy for the Appellant but in all the circumstances cannot overturn the decision.
Accordingly, the appeal is dismissed.
RIGHT OF APPEAL
A party wishing to appeal must apply for permission within 28 days of the date this decision is sent.
Judge Brian Kennedy KC 18 March 2026.